The Transatlantic Conflict Over Beefed-Up Beef

Abstract

Alongside EC-Bananas, the transatlantic trade feud over hormone-fed beef constitutes another informative case study for investigating how the challenges invoked in perennial disputes affect the motivations for and the practice of disputing at the World Trade Organization (WTO), generate shifts and conflicts between the goals of the WTO Dispute Settlement System (DSS), and shape the outcomes it ultimately yields. The chapter first recounts the basic facts of EC-Hormones and the dispute’s major milestones in the multilateral trade system. It then distils the factors that rendered EC-Hormones so resistant to compliance and resolution. On this basis, the chapter turns to an in-depth, goal-based analysis of the dispute, exploring the goal shifting characterizing the DSS’s operation throughout the conflict and the heightened role the system played along the fine line between law and politics. Finally, the chapter examines the mixed outcomes delivered in the case while addressing the goal conflicts those outcomes represent and their implications for the DSS’s effectiveness assessment.